Posts filed under 'South Africa'

On this date in 1829, boatswain William Maxwell became the last British Navy sailor ever hanged for sodomy.

He’d been condemned only two days previous by a bare-bones Admiralty court at the Simon’s Town naval base at the Cape of Good Hope; his charge was buggery upon one of the ship’s boys of the 28-gun frigate HMS Tweed. This accuser, William Pack, was supported by four other boys from the Tweed alleging “uncleanness and other scandalous actions in corruption of good manners” which certainly described Pack’s experience as well.

and, as the boy explained, “he then throwed me down on the deck. He then hauled my trousers down … He then turned to put his pintle into my backside. I felt him do all this. He hurt me very much.” … The boy continued his testimony by detailing four additional instances when he had been sodomized by Maxwell. The occurrences were all much the same. Pack added only that the boatswain neither used alcohol nor offered him money after he forced his attentions on him.

In an affecting detail that doesn’t appear to have carried any special legal import, Pack had diligently tallied his assaults in chalk on a mainmast hoop.

The other four boys’ allegations fell a bit short of violent rape but still followed a pattern of aggressive approaches by Maxwell shortly after the youth came aboard, with pretty obvious intent. The boatswain wanted to “do a dirty trick with me,” one said. Another euphemized the deed as “poking him about.” Citing fear of flogging or doubt that their claims would be believed, these boys hadn’t reported Maxwell — and indeed the panel pressed all of the witnesses on whether they’d been receiving gifts from Maxwell, suggesting a more reciprocal arrangement.

These private and unmentionable acts formed a difficult class of crime for the judiciary, and Maxwell knew it.** Much of his defense is taken up attacking the credibility of these boys — their questionable and perhaps interested testimony, and legal scholars who by 1829 counseled as one to err heavily towards caution in such difficult-to-prove cases.

He impugned Pack’s testimony, honing in on inconsistencies between different statements during a direct cross-examination that must have been dramatic for all involved. It didn’t work.

The youth of the victims, according to Burg, didn’t particularly exacerbate the crime in the eyes of Maxwell’s judges nor in general throughout the Navy; he wasn’t being read as a pedophile, but as a sodomite who happened to find the ship’s boys the easiest prey. This indeed they commonly were, occupying the very bottom of a ship’s hierarchy, but the same vulnerable stature also cut against their credibility as accusers since it made them liable to threats or cajoling to supply false accusations, or simply to the impetuosity of childish malice. Absent sterling character testimonials from other mariners, they carried scant weight as witnesses even in multiples; in an 1805 case, the judges who convicted a man named Barrett Ambler had put into the Admiralty for a pardon because they disliked “condemn[ing] a man to death, upon the evidence of four boys, the eldest not more than thirteen years of age.”

But no matter the evidence, the time for outright executing same-sexers was coming to an end in Britain. Even in the ranks of the Navy there had been no such punishment meted out since 1816. That was just weeks after (and for actions committed during) the Napoleonic Wars. But perhaps the ensuing era of peace helped more lenient attitudes take hold permanently — for until Maxwell, no Briton had swung for sodomy in the peacetime Navy in many decades.

In the eighteenth and nineteenth centuries, the number of buggery trials was directly related to whether or not England was at war. After the War of the Spanish Succession (1702-1713) and the Seven Years War (1756-1763), there were few trials and no executions for sodomy. Between 1756 and 1806, as Table 5 shows, fear and assiduous prosecution of sexual deviance was a wartime phenomenon. (Arthur Gilbert, “Buggery and the British Navy, 1700-1861,” Journal of Social History, Vol. 10, No. 1 (Autumn, 1976))

* I have not been able to locate the original 62-page court record anywhere online.

** He knew it because he’d previously been prosecuted for buggery — in fact, sentenced to death and then spared. Although he had no barrister at his last and fatal trial, he’d enjoyed legal assistance during his previous brush and ably deployed what he learned. It’s hard not to think that everyone’s awareness of this previous proceeding helped to shape the outcome of his second trial.

On this date in 1822, Johan Wilhelm Gebhardt was executed at the Dutch-founded South African settlement of Paarl. His offense, unusual but not unheard-of in our executioner’s annals: killing his slave.

According to Alex Mountain in An Unsung Heritage: Perspectives on Slavery, the 21-year-old Gebhardt, who managed the farm belonging to his father, Rev. Johan Wilhelm Gebhardt Sr., had ordered a slave named Joris flogged “for not working properly.”

the flogging was done repeatedly by a slave called November who had been warned by Gebhardt, who remained present throughout the torture, that he too would be severely punished if he did not flog Joris properly. The flogging was done with a variety of instruments and from time to time salt and vinegar were rubbed into his wounds.

A nephew to the Scots-descended Dutch reform minister Andrew Murray, William Hofmeyer Louw was a Colesberg farmer when that area — part of the British Cape Colony — was invaded by guerrillas from the neighboring independent Boerstates.

Questions of the right allegiance out on the frontiers of empire were the very heart of the conflict. Louw sought advice from a judge, who advised him that as the Boer Republics claimed his district, he could join them on commando with a clear conscience.

British law did not see it the same way; Louw pleaded guilty to the consequent treason charge, putting himself on the mercy of a tribunal which was more keen on setting examples. The socialist politician (and future Prime Minister) Ramsay MacDonald, who visited South Africa in 1902, complained that “Willie Louw has been shot upon the verdict of a court which did not understand the first elements of justice and had not the faintest idea when a statement was proved.”

When we got home we heard that a sentence was to be promulgated on the market square at 11.30. All were eager to know who the prisoner was and we watched to see the procession pass. Bravely like a man he walked, erect with firm and steady step, his face ruddy and beautiful. It took a very few minutes to read the sentence and when he walked back the colour had not left his face nor the vigor his form — he was unchanged.

…

At about 2 o’clock we were there (at the goal) and found him quietly putting a few little things he had used together to be borne home on a tray by Boezak. The tray away, I put my arms around the strong neck while he bent over me and with his head on my shoulder I said, ‘Als ging ik ook dal der schaduz des doods ik sal geen kwaad vreezen, want Zyt met my, U stock en U staf die vertroosten my.’ (When I walk through the valley of the shadow of death I will fear no evil, for thou art with me, thy rod and thy staff comfort me.) We then sat down, my husband at his right side and I at his left. All that was spoken by him bore unspeakably sure evidence of his trust in Jesus’ merit, of his preparedness to meet his God, of his hope of glory. He told us how thankful he was that he had twenty-nine days to prepare for this — how he had not been alone — how he had been strengthened, wonderfully strengthened … he was so sorry for you Dear Father and Mother and for George and then for us all — but we were to try and be brave and bear this. He had prayed to God to strengthen us and poor cousin Hanni as well.

I am returning your last letter to you because I am departing to a better world where there is no grief and sorrow. It is stipulated that I will depart this afternoon. It is God’s sacred will. He cannot make mistakes. May He always be close to you and dearest Daddy and all our loved ones. May He strengthen you all. Yes, God has promised me that he will strengthen you all, now there is nothing, virtually nothing, that worries me or will hold me back. Oh, I wish I could have done more work for Him. What value there is in a single soul. God, our Father, has allowed it all for the glory and honour of His name. Adieu! Until we meet again my own, dearest Mother.

The devil made him do it, he said. Or, rather, Tokoloshe, an evil spirit in Zulu folklore.

Msomi had not been successful in earning a living at witch-doctoring, so he consulted an experienced colleague for advice. According to Msomi, the man introduced him to Tokoloshe and said, “Get me the blood of 15 people.”

Over the next year and a half, Msomi stalked KwaZulu Natal, slaughtering victims as the demon pointed them out, and collecting their blood in bottles. He would attack them with a knife, hatchet or knobkierie after luring them to an isolated area.

The first victim was a young girl. To prove to the demon just how dedicated and obedient he was, Msomi hacked his victim to death in front of his girlfriend. Tokoloshe was delighted, but the girlfriend was horrified. She went straight to the cops and had Msomi arrested. Then he escaped from custody … with Tokoloshe’s help, he said.

Msomi followed up on his first act by slaying five children. In April 1955, he was linked to multiple murders and arrested again, but again he escaped and picked up where he’d left off.

Serial killers seldom stop killing of their own accord, but that is exactly what happened with Elifasi Msomi. Having collected the blood of his fifteenth young victim, he said that Tokoloshe thanked him for his service, then bathed with him in the river before they parted company.

Without Tokoloshe to help him anymore, Msomi soon came to police attention again when he was arrested for petty theft. In custody once more, he freely confessed to the murders and led authorities to some bodies, but he said he wasn’t responsible for his actions and was only following Tokoloshe’s orders.

There was, however, the problematic fact that he had raped some of his victims and robbed others; Tokoloshe hadn’t requested THAT. At the trial, two psychologists testified that Msomi was very intelligent and got sexual pleasure by causing pain to other people.

Such was the reputation of the witch doctor’s power of channeling the Tokoloshe that prison officials granted permission to a deputation of tribal chiefs and elders to view Msomi after he had been hanged on February 10, 1956. These men were thus able to return to their respective tribes and proclaim that the witch doctor was really dead and that Tokoloshe had left him to seek out another host body.

On this date in 1901, Petrus Jacobus Fourie, Jan van Rensburg, and Lodewyk Francois Stephanus Pfeiffer were shot by the British at Graaff-Reinet.

They were among the numerous subjects of the British Cape Colony whose sympathy with the independent Boer republics which Britain was in the process of conquering extended so far as aiding their Dutch brethren’s resistance. In this case, the young men joined the famed Boer guerrilla Gideon Scheepers — and whatever one might say about the fuzziness of ethnic and national identity in a frontier region, this rated in London’s eyes as rebellion.

On July 6, 1901, Scheepers executed a raid on the town of Murraysburg — “Scheepersburg”, he called it — and put loyalist houses to the torch.

The British Gen. John French sent columns of men into the rugged Camdeboo Mountains in an effort to trap the irksome commando. Scheepers and most of his troop of about 240 men escaped, but about 27 or 28 Cape Colony rebels were captured (along with a few free staters, who could not be charged as rebels).

A particularly revolting incident happened in the execution of the three who were shot. This was, that the firing parties were a body of ten men, five with ball, and five with blank cartridges. After the word “present,” which brings the rifle to the shoulder, one of them “‘pulled off” before the command “fire” was given, and the bullet blew off the top of one man’s head.

Eight of these people were executed as rebels over the ensuing weeks, with the aid of Jan Momberg, one of their erstwhile mates who turned Crown’s evidence against them to save his own life.

After Fourie, van Rensburg and Pfeiffer were shot on Aug. 19, Ignatius Nel and Daniel Olwagen — both teenagers — died at Graaff-Reinet on August 26; and, Hendrik van Vuuren, Fredrick Toy and Hendrik Veenstra were shot at Colesberg on September 4.

Though the British made an effort to obscure the final resting-places of these potential martyr figures, their graves were located. Fourie, van Rensburg and Pfeiffer, along with Ignatius Nel and Daniel Olwagen, are among the men subsequently exhumed and placed in a collective grave. A monument in Graaff-Reinet honors these and three other guerrillas executed there … one of whom is Gideon Scheepers himself, who was captured in October of 1901 and executed the following January.

There’s a good deal more about Scheeper’s rebels, and these men in particular, in a two-part article by a descendant of van Rensburg here: part 1 | part 2.

On this date in 1964, anti-apartheid fighters Vuyisile Mini, Zinakile Mkaba and Wilson Khayingo went to the gallows of Pretoria Central Prison — the first three members of the African National Congress’s military arm to be executed by apartheid South Africa.

In 1960, on the 21st of March — a date still kept as South Africa’s Human Rights Day, and worldwide as the International Day for the Elimination of Racial Discrimination — white police gunned down 69 black civilians protesting the color line.

Shortly thereafter, on December 16, Umkhonto we Sizwe (“Spear of the Nation” in Zulu, but better known simply as “MK”) announced its advent with placards in city streets.

The time comes in the life of any people when there remain two choices: to submit or fight. That time has now come to South Africa. We will not submit but will fight back with all means at our disposal in defence of our rights, our people and our freedom.

MK conducted its first dynamite attacks that very evening in Port Elizabeth; over the ensuing 18 months, it carried out more than 200 bombings and other acts of sabotage against the facilities of the apartheid state: train tracks, power stations, telephone wires, offices.

A security crackdown naturally ensued.* By 1963, the white government had managed to expose and arrest three-quarters of MK’s regional Eastern Cape High Command. Vuyisile Mini, Wilson Khayingo, and Zinakile Mkaba were all swiftly condemned on multiple counts of sabotage plus one of murdering a police informant. International appeals for clemency fell on deaf ears; one fellow-traveler later remembered the men taking leave of their fellow-prisoners in a haunting song.**

“The last evening was devastatingly sad as the heroic occupants of the death cells communicated to the prison in gentle melancholy song that their end was near … It was late at night when the singing ceased, and the prison fell into uneasy silence. I was already awake when the singing began again in the early morning. Once again the excruciatingly beautiful music floated through the barred windows, echoing round the brick exercise yard, losing itself in the vast prison yards. And then, unexpectedly, the voice of Vuyisile Mini came roaring down the hushed passages. Evidently standing on a stool, with his face reaching up to a barred vent in his cell, his unmistakable bass voice was enunciating his final message in Xhosa to the world he was leaving. In a voice charged with emotion but stubbornly defiant he spoke of the struggle waged by the African National Congress and of his absolute conviction of the victory to come. And then it was Khayinga’s turn, followed by Mkaba, as they too defied all prison rules to shout out their valedictions. Soon after, I heard the door of their cell being opened. Murmuring voices reached my straining ears, and then the three martyrs broke into a final poignant melody which seemed to fill the whole prison with sound and then gradually faded away into the distant depths of the condemned section.

* It was during this crackdown that future president Nelson Mandela was rolled up. Mandela had helped to found MK.

JOHANNESBURG, Oct. 28. The Rand Daily Mail, in an article dealing with the economic situation of the Union, gives striking figures illustrating the steady advance of the gold industry on the march towards prosperity.

Profits for the July-September quarter show an increase of £1,136,000 over the previous quarter. This has been accomplihed not only by lowering wages, but by all-round improvement in efficiency per unit, mining costs having fallen from 25s. 8d. in 1921 to 20s. 5d. in September, 1922 …

[T]he Rand Daily Mail says that these facts “represent unmistakable omens of coming prosperity which should steel the downhearted farmer to greater effort and encourage the suffering industrialist throughout the Union, and transform the pessimism of the merchant into healthy confident and hope.” (London Times, Oct. 30, 1922)

THREE RAND EXECUTIONS.

ANTI-GOVERNMENT RIOT.

(From our correspondent.)

JOHANNESBURG, Nov. 17. The bitterest feeling prevails among the workers over the refusal to reprieve the three men, Long, Hull, and Lewis, who were condemned to death for murder in connexion with the Rand revolt, and were executed at Pretoria to-day.

Appeals for mercy poured in till almost the last moment, and an open-air mass meeting was held, in which prominent Communists took part. At this meeting angry and threatening speeches were made; the names of General Smuts and Sir Lionel Phillips were boohed, and the crowd attempted to break into the Town Hall, severely injured a detective, and was finally dispersed by armed police. The public generally approves the Government’s firmness. The condemned men sang the Red Flag on the scaffold. (London Times, Nov. 18, 1922)

“Come dungeons dark or gallows grim the sun will be our parting hymn.”

FUNERAL OF RAND MURDERERS.

COMMUNIST APPEAL TO CHILDREN.

(From our correspondent.)

JOHANNESBURG, Nov. 19. Remarkable scenes recalling the funeral of the victims of the great strike of 1913 were witnessed at the burial of the remains of Long, Lewis, and Hull, who were executed on Friday. The coffins, in separate hearses, were followed by thousands of workers, with banners and regalia, representing every trade union. “The Red Flag” was sung at the graveside and addresses were delivered, in which members of Parliament, of the Provincial Council, and Town Councils participated.

…

The latest development of Communist propaganda in Johannesburg is the distribution broadcast among children and students as they are leaving their schools and colleges of a pamphlet denouncing as “legalized murder and a blot on history” the execution of the men convicted of murder at special treason courts. (London Times, Nov. 20, 1922)

On this date in 1968, the black South African revolutionary Veyusile Qoba was hanged for his role in the murder of a policeman six years before.

Four men before him had gone to the gallows the previous Halloween for this crime; a fifth hanged separately for a different policeman’s killing late in 1967. Together with Qoba, they constituted the “Langa Six”.

The Langa Six belonged to the latter entity’s military wing, Poqo (later to develop into the Azania People’s Liberation Army, but we’ll use the period-appropriate original nomenclature here). After police response to a PAC-organized 1960 protest against South Africa’s notorious racial passes turned into the Sharpeville Massacre,* Poqo girded for violent struggle against a violent state.

With the alleged slogan “one settler, one bullet,”** Poqo mounted an aggressive terrorist campaign that did not scruple to target white civilians, or black civilians perceived as collaborators. (The ANC’s simultaneous Nelson Mandela-led terrorist campaign had a more selective attitude.)

According to [policeman] Basson, some 50 Bantu attacked his vehicle when he tried to start the engine … he found that one of the petrol bombs set the vehicle alight and they were compelled to jump out — they were dragged out of the vehicle. It was at this stage that Sgt Moyi was set upon, pulled to the ground, and stabbed to death. Det-Sgt Josiah Moss was also injured and knocked unconscious but owing to that he fortunately escaped with his life. (Source)

(South Africa’s post-apartheid Truth & Reconciliation Commission found that this event was an impromptu, local ambush, rather than a centrally-planned operation.)

* The date of that massacre, March 21, is now honored as Human Rights Day in South Africa; it’s also the United Nations’ International Day for the Elimination of Racial Discrimination.

** As Sartre put it in his notes to Fanon’s 1961 Wretched of the Earth, “to shoot down a European is to kill two birds with one stone, to destroy an oppressor and the man he oppresses at the same time: there remain a dead man, and a free man.” PAC spokespeople have denied that “one settler, one bullet” was an actual party slogan or policy, however.

At 7:00 a.m. on this date in 1926, alcoholic and all-around loser Petrus Hauptfleisch was hanged in South Africa for the murder of his elderly mother nearly two years earlier. The case is detailed in Rob Marsh’s book Famous South African Crimes, available to read for free here.

Hauptfleisch had lived with his mother well into adulthood. When World War I started, he joined the army and served in Europe for four years.

After his return to South Africa in 1919, he demonstrated signs of having grown up a bit: he got a job as a butcher, married and had a young child. He and his wife fought constantly, however. He had a violent temper and drank heavily, to the extent that eventually none of the local businesses would sell him liquor anymore.

Finally his wife left him and he moved back in with Mom, but he was abusive to her as well and over Christmas 1924 she had him arrested after he threatened to kill her.

But once he sobered up and was released from custody, Mom let him move back in. Perhaps she felt she had to, since Petrus was haupt-fleisch und blut. Whatever her reason, the sins of the son were soon visited upon the mother.

Hauptfleisch claimed his mother accidentally set the kitchen on fire on January 13, 1925 and burned to death. The autopsy, however, didn’t support his story: all indications were that Mrs. Hauptfleisch had been suffocated or strangled to death and then burned afterward. There was no sign of soot or ashes in her bronchial tube or lungs, strong evidence that she hadn’t been breathing when the fire started, and there were other indications of asphyxiation. The postmortem lividity indicated she’d been lying flat on her back at the time of death, not face-down as Hauptfleisch said he’d found her.

Authorities believed Hauptfleisch was driven to homicide partly because of greed (he was the sole heir to his mother’s £600 estate) and partly out of personal rancor over that whole arrest thing.

After he was convicted and the sentence of death was passed upon him, Hauptfleisch issued a statement acknowledging that he had not been a good son, but protesting his innocence of this “most dastardly” crime. He would maintain his innocence until he died.

Regarded by the British as one of their most nettlesome adversaries in that dirty guerrilla war, Lotter was captured in a bloody early September ambush when matters were well into an unpleasant scorched-earth endgame.

This was cause for much slapping of backs among the Union Jack set, and earned for his captor an immediate promotion.

Lotter’s captured men being jubilantly escorted into Graaff-Reinet.

Lotter almost immediately found himself in the dock for — well, all the things one does in a dirty guerrilla war.*

And one other thing: sedition.

The British charged Lotter as a rebellious subject of the British Cape Colony — rather than a resident of one of the independent neighboring Boer states — who owed allegiance to the British crown; upon this premise things like “killing troopers in war” became “murdering troopers”.

Lotter’s trial hung on his papers.** The defendant “pleaded that he was a Free State burgher, and, as such, entitled to the usage of civilised warfare and a legal combatant’s privileges.”

But he was in a bit of a pickle when it came to proving that the “Commandant Lotter” the British discovered on voting rolls for the Cape Colony city of Colesburg was a different guy. Innocent Blood: Executions During the Anglo-Boer War (its title telegraphs its Boer sympathies) summarizes:

his Free State citizen document was in a small case, which was lost or destroyed theday of surrender. Witnesses for the defence gave evidence that they had seen these papers. British intelligence stated that it could find no proof of his Free State citizenship in Bloemfontein. Lotter responded by asking how he could prove his citizenship when all his witnesses were still on commando and that he had been granted no time to call upon them.

Hey, the guy had six whole weeks from capture to execution to sort it all out.

A “Chair Monument” — there’s a picture of it on this page — commemorates Lotter and his fellow commando Pieter Wolfaardt at the place outside Middelburg where they were shot together on Oct. 12, 1901.

A number of additional prisoners from Lotter’s command taken with him in that same ambush were also eventually executed.